Vikas vs State Of Up Thru Its Principle Secretary Home

Nand Prabha Shukla, J

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.31 of 2023, under Sections-147,148,149,323,504,452,307,325 I.P.C., P.S. Soron, District-Kasganj during pendency of the trial.

At the very outset, learned counsel for the applicant submits that the applicant claims parity with the co-accused, namely, Raju, who has been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 23809 of 2023 vide order dated 26.5.2023 and the role of the applicant is same as of the co-accused, hence, the applicant is also entitled for bail on the ground of same footing. He next contended that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is languishing in jail since 16.4.2023 and has no criminal history as averred in paragraph no.13 to the affidavit filed in support of the bail application In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

Learned A.G.A. has opposed the bail prayer of the applicant but he could not dispute the aforesaid facts.

Considering the entire facts and circumstances of the case as well as submissions made by learned counsel for the parties and without expressing any opinion on merits of the case, I find it a fit case for bail.

In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed.

Let the applicant-Vikas involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

(i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

(iv) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

(v) Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.